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Statutory Instruments

2011 No. 2971

Legal Services Commission, England And Wales

The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011

Made

14th December 2011

Laid before Parliament

14th December 2011

Coming into force

15th December 2011

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 7 of the Access to Justice Act 1999( 1 ):

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2011.

(2) This regulation and regulations 2 and 3 come into force on 15th December 2011.

(3) Regulations 4 and 5 come into force on 26th January 2012.

(4) In these Regulations—

the 2000 Regulations” means the Community Legal Service (Financial) Regulations 2000 ( 2 );

TPIM notice” has the meaning given in section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011 ( 3 );

TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011 .

Amendment to the Community Legal Service (Financial) Regulations 2000

2. The 2000 Regulations are amended as follows.

3. In regulation 3—

(a) in paragraph (1)(i), after “proceedings” insert—

;

(j) services consisting of—

(i) Legal Help or Legal Representation for a person who is the subject of an application for permission under section 6 of the Terrorism Prevention and Investigation Measures Act 2011, in respect of such an application;

(ii) Legal Help for advice in connection with a TPIM notice for a person who is subject to that notice;

(iii) Legal Help for a person who is subject to a TPIM notice, in respect of an application—

(aa) to vary measures specified in that notice under section 12(2) of the Terrorism Prevention and Investigation Measures Act 2011;

(bb) for revocation of that notice in accordance with section 13(3) of the Terrorism Prevention and Investigation Measures Act 2011; or

(cc) for permission under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; or

(iv) Legal Representation in respect of TPIM proceedings for a person who is subject to a TPIM notice ; and

(b) in paragraph (2), after “Denmark” in the definition of “Maintenance Regulation” insert—

;

“TPIM notice” has the meaning given in section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011;

“TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011 .

4. In regulation 3 of the 2000 Regulations omit—

(a) in paragraph (1), sub-paragraph (i); and

(b) in paragraph (2), the definitions of “control order” and “control order proceedings”.

Savings for control order proceedings

5. Regulation 4 has no effect in relation to—

(a) the court’s consideration of a reference made under section 3(3)(a) of the Prevention of Terrorism Act 2005( 4 );

(b) the holding or continuation of any hearing in pursuance of directions made under section 3(2)(c) or (6)(b) or (c) of the Prevention of Terrorism Act 2005;

(c) the continuation of any appeal made under section 10(1) or (3) of the Prevention of Terrorism Act 2005; or

(d) the bringing or continuation of any appeal or further appeal relating to a decision in any proceedings mentioned in any of sub-paragraphs (a) to (c) of this regulation.

Signed by the authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

14th December 2011

( 1 )

1999 c. 22 . Under section 26 of that Act “regulations” means regulations made by the Lord Chancellor.

( 2 )

S.I. 2000/516 as amended by S.I. 2005/10 /97. There are other amendments that are not relevant to the subject matter of these Regulations.

( 3 )

2011 c. 23 .

( 4 )

2005 c. 2 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011 (2011/2971)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
the 2000 Regulations reg. 1. def_6e3b5fbdde
TPIM notice reg. 1. def_e82dd8d231
TPIM proceedings reg. 1. def_1f1dc6eeab
TPIM proceedings reg. 1. def_8f6f1ddf2b

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